Answer

The Attorney General (AG) has stated that local political subdivisions must follow one of the five procedures outlined in the law for the sale of surplus movable property. The statutes do not provide for the direct sale of a piece of equipment with such a high FMV. However, the parish does not have to use the internet auction procedure in R.S.33:4711.1 again; instead it can choose to follow the sealed bid regular auction procedure pursuant to R.S. 49:125 (See, AG Op. No. 07-0096). The requirements for the sealed bid auction are: · Sale must be advertised at least 15 days prior to the date to receive bids and indicate the minimum bid of the appraised value of the item and the entity’s right to reject any and all bids; · No sale shall be at a price less than is required by law (FMV), with the public entity reserving the right to reject any and all bids and remove the item from the sale. · Sealed bids submitted to the entity, with the property awarded to the highest bidder, provided the entity receives at least FMV. In this case, the parish must be sure to notify the bidder who has now offered FMV with the new date to submit his sealed bid. Louisiana Legislative Auditor website: 05/11/2025 12:15:24 AM